상법총칙・상행위・보험편 2021년 대법원 주요 판례 회고

Abstract

Among the Supreme Court precedents in 2021, the main cases related to the general rules of commercial law, commercial conduct, and insurance are summarized, first of all, cases in which civil and commercial prescriptions are applied, especially cases related to the right to claim the return of unfair profits, have accumulated, and the cause of the action and prompt resolution The scope of application is being divided according to necessity. Since the company's dividend is not a commercial act, the civil prescription of 10 years applies to the right to claim the return of unfair profits due to illegal dividends and the right to claim compensation for damages due to violation of the duty of care in the labor contract. 5 years for the claimant's liability for warranty for defects under the contract, and the insurer's right to claim the return of unreasonable benefits on insurance money if the insurance contract is invalid against good morals and other social order The statute of limitations applies. Among the general provisions of the Commercial Act and precedents for commercial conduct, new ones are that if the trade name is continuously used for the purpose of not returning the return due to the invalidity of the asset transfer contract, an unjust purpose is recognized, and the liquidation of the business following the closure of the business after the merchant reports the business closure; An example of an act for the purpose of handling the remaining balance is that it is an auxiliary commercial act. Among the precedents of the Insurance Act, the duty to clarify and explain the terms and conditions, the principle of disadvantage of the creator, the duty to notify, and the starting point of the right to claim insurance are the contents confirmed by the existing precedents. It is also worth noting that there are some warnings surrounding the overuse of claims by insurance companies for non-existence of debts through one case and a consensus judgment by all.